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Friday, July 6, 2012

Here is one of the posts that Dan Valenti was ordered to take down regarding Meredith Nilan by the Massachusetts state district court...

William G. Ryan at his blog re-posted the story Dan Valenti was ordered to take down. Whether it is true or not remains to be seen (and since Meredith Nilan did plead guilty to the basic charge, much of it is obviously true), but there is nothing improper about the post below.  Ask yourself, why would any judge order this post be deleted?


Here is a refresher of free speech as listed in the U.S. Constitution and the Constitution of the Commonwealth of Massachusetts:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.  First Amendment of the U.S. Constitution
Article XVI. [The liberty of the press is essential to the security of freedom in a state: it ought not, therefore, to be restrained in this commonwealth.] [See Amendments, Art. XLVIII, The Initiative, II, sec. 2.] [Annulled and superseded by Amendments, Art. LXXVII Article XVI. The liberty of the press is essential to the security of freedom in a state: it ought not, therefore, to be restrained in this commonwealth. The right of free speech shall not be abridged.  Constitution of the Commonwealth of Massachusetts 

AN UNEXPURGATED RECREATION OF THE MEREDITH NILAN CASE, AND WHY IT STANDS AS AN INDICTMENT OF THE PITTSFIELD COURTS

By DAN VALENTI

PLANET VALENTI News and Commentary
(FORTRESS OF SOLITUDE, MONDAY, JAN. 23, 2012) — We The People have not rested our case in the Meredith-Cliff Nilan Hit-and-Run travesty. To be clear, the travesty lies the handling of the case, from the get go. If the driver is one of the Kapanskis, there’s hell to pay. If the driver is the daughter of one of the most arrogant and obnoxiously self-righteous of the GOBs, which is saying a heap, she skates.
We The People cannot let this finding stand without a thorough, honest, and objective investigation. Until then, the Pittsfield courts stand indicted on a charges of obstruction, malfeasance, and manipulation.
A SUMMATION OF A TRAVESTY OF JUSTICE — This happened, Then That Happened
From all available evidence, here’s the play-by-play:
* It is the night of Dec. 8, around 8:15 p.m. Meredith Nilan, from all the available evidence and according to the police, has just finished partying at a BYP gathering famous not for “networking” but from drinking to excess. Not one BYP to date has publicly testified to what they saw of Nilan’s behavior that night. Almost all won’t even admit they were there. The photographic evidence, however, tell us some of the roster who were there at the Great Barrington hot spot. One attendee, who will not allow his or her name to be used, says Meredith Nilan drank heavily at the party. This is not been confirmed and must be considered hearsay, which, we remind our readers, doesn’t necessarily mean the information is not true. We must ask why the BYPs are so afraid to say anything. Could it be they know if they come out and tell the truth, the GOBs will punish them and their careers, locally, will be over? Many of the BYPs are, remember, professional and social climbers looking to get in on the gravy train.
* Meredith Nilan is driving on Winesap Road, near her home. A pedestrian is walk-jogging his dog on the opposite side of the road, heading in the same direction.
* Nilan’s car swerves. Clearly, she has lost control. Why? Too much alcohol? Texting? Yakking on a cell phone. Falling asleep at the wheel? Daydreaming? All of these? None of these? The vehicle, owned by and registered to her daddy, Clifford Nilan,  crosses lanes crosses lanes and slams into the pedestrian.
* The impact is so great that, as revealed by the photographic evidence, the front grille is torn off, the hood is dented, and a fully delineated hole is created in the windshield just to the right of the driver. The hole is caused by the head of victim Peter Moore as it smashes through the safety glass. Incidentally, THE PLANET has seen a muscular wise guy take a baseball bat to a car windshield in anger. He needed several whacks with all his strength to even create hazing. More whacks produced a spider’s web cracking. Still more whacks finally broke through the glass. Try it today on your own vehicle. You’ll see how tough it is to break the glass, and yet — and yet — the force of the impact of Nilan’s vehicle and Moore’s head produced a hole in the windshield as if it came from a punch press. Excessive speed, perhaps?
THE EVIDENCE SUGGESTS: There’s No REASONABLE Way Meredith Nilan’s Story Can be Taken as Credible
* After surveying the damage to the vehicle, in photos that officials tried to suppress and that were first published by THE PLANET, there is no way one can reasonably believe the driver did not know she had hit a human being — not a “dog or a deer.”
* The driver does not stop, notify police, and wait for the police to arrive, as the law requires, despite the fact that a man is almost killed.
* The incident is hidden for almost a month, although THE PLANET first got wind of it maybe a week after it happened. Our first notice came in an e-mail from one of our spies. We made discreet inquiries. Miracle: Nobody knew, heard, saw, and was saying nothing. Nonetheless, we got enough of a confirmation to tell us there was truth to what we heard.Something had happened.
* The incident finally breaks. We learn that Cliffy Nilan, and not Meredith, is the one who calls the cops. Why? Is she too impaired? She doesn’t report to the police until late the next morning, more than 15 hours after the accident. Her father, meanwhile, has refused to allow police to search the vehicle. He forces them to get a warrant.
* The recollection of the victim tells a story opposite of Nilan’s. The police investigation differs from the Nilan account on many crucial aspects. The physical evidence at the scene and on the Nilan vehicle support the claims of Moore and the police going against the alibis of Meredith Nilan, if we apply common sense and reason.
* Ah, the matter of the search warrant — ’tis a thing of beauty. Mysteriously, the Pittsfield police can’t get the courts in Pittsfield to issue a warrant. Was that because Cliffy Nilan knew they wouldn’t do so because of his connections there as the head of the Probation Department? Did he think police would give up or drop the case because it was politically too hot to handle?
* Police, though, don’t give up — to their eternal credit. THE PLANET gives the PPD its due. They get a warrant from the Southern Berkshire District Court.
* Pittsfield police charge Meredith Nilan with criminal misdemeanor counts. The courts are subject to a magistrate’s hearing.
Secret Hearing Bars Victim and His Lawyer; A Ringer Magistrate Railroads an Unbelievable Verdict
* The hearing is held in secret, Thursday, Jan. 12. THE PLANET is the only media source to investigate to give the public word of this.
* The magistrate has the option of opening or closing the hearing.
* The hearing is closed to the public. Let those damning words sink in for a moment. This of what they mean.
* The hearing is closed to the press.
* There is no independent witness to the proceedings. They can do what they damn well please, in short.
* The central Berkshire court brings in a ringer, Nathan Byrnes, an assistant clerk magistrate from Westfield, to hear the case. The defense claims Byrnes doesn’t know ANY of the people involved, which is a claim laughable on its surface, given the cozy nature of the court system. It’s not like Westfield is on the Dark Side of the Moon.
* The victim, Peter Moore, is not allowed to attend the hearing.
* The victim’s lawyer, by his own testimony, is not allowed to attend the hearing.
* Meredith Nilan’s lawyer, Tim Shugrue, Is allowed to attend and present evidence.
* The magistrate finds that there is insufficient evidence for the case to go to trial. This incredulous finding serves as a credible indictment of the Pittsfield District Court as an institution controlled by corrupt officials who have established two sets of laws: One for themselves and the GOBs, and one for everyone else, that is, the unwashed masses who don’t have favored status, as Meredith Nilan apparently does.
* Despite the fact that there is no independent confirmation of what went on in the hearing, the Boring Broadsheet — a newspaper once known as The Berkshire Eagle — dutifully prints the story of the finding. No harm, no foul. Oops. Sorry, Peter Moore. Get over it, big guy. The BB story — which runs without a byline, that is, anonymously —  only quotes Shugrue. It takes his account as whole cloth, including his spurious claim that a full evidential hearing was held. That turns out to be a false claim, since the other side in the case was not allowed to present or attend. The BB later beings a more responsible approach to its coverage, forced into doing to by public outrage and the pressure of this website’s coverage.
———————————————————-
We shall be back to post the next installment of today’s PLANET. Look soon for:
THE NILAN CASE WILL BE THE WATERLOO OF THE CITY’S SOUL.
Till then,
“OPEN THE WINDOW, AUNT MILLIE.”
LOVE TO ALL.
–End Dan Valenti’s coverage of Meredith Nilan’s hit and run:
Leave any questions in the Comments section, or write me directly: bill@williamgryan.nospam.mobi (leave out the obvious part) – /b/ill
William Ryan, MBA, MVP, MCTS
————————————————————–
KeyWords:  Meredith Nilan, Dan Valenti, Judge Rutberg, Planet Valenti, Planet Valenti Gag Order, Clifford Nilan, Clifford Nilan head of probation for Berkshire Superior Court, Peter Moore, Winesap Road, Bethzaida Sanabria-Vega, Central Berkshire District Court Bethzaida Sanabria-Vega

Welcome Instapundit Readers!  

8 comments:

  1. Who does corruption investigations? State?

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    Replies
    1. Possibly the state. Possibly the feds too. But I doubt either. This is one where sunlight is the best disinfectant and hopefully the voters remember what happened here (provided they can be told about it).

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  2. Many thanks for the link. With the Instapundit link, Meredith Nilan will get all the exposure she deserves and hopefully this won't ever happen again.

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  3. Oh, it'll happen again and again and again and again. The key is to not allow it to be swept under the rug or, this case, swept away by court order, which is in and of itself disgusting if not unconstitutional.

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    Replies
    1. Sadly that is true. But provided we can keep pushing back perhaps some good will come of it.

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  4. Hopefully more people than Meredith will get exposed.

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  5. What needs to happen is, when one of these blatantly unconstitutional orders is issued, is for the blogger in question to look the judge directly in the eye and announce that he/she will not abide by the order by taking down the post or posts in question -- and that he or she will also not submit to unconstitutional prior restraint.

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I welcome all legitimate comments. Keep it civil. Spam will be deleted. Thanks.